003067
Hundred
and
Pesewas
(GHC
53.The
Eighty-Three
Thousand,
Four
Hundred
and
Eighty
and
Fifty-Nine
51, 283, 480.59).
Respondent
State
also
submits
Applicant to say that merely because
that
it is simplistic
the decision
and
on which
misleading
for the
he is aggrieved
was
rendered by the Supreme Court tn exercise of its review jurisdiction, he could not have
resorted to the lower courts of the Respondent State for redress.
It avers that even
after the Supreme Court renders its decision, subordinate courts, in exercise of their
specific jurisdictions, have given judgments in favour of claimants.
54.The
Respondent
subordinate
courts
State
emphasises
handling
that
this matter,
if the Applicant
he could
have
was
not
invoked
confident
of the
the human
rights
jurisdiction of the Supreme Court. It states that, by the Applicant failing to do so, the
Supreme Court was never availed an opportunity to determine whether the Applicant’s
human rights were breached.
55. According to the Respondent State, the matter before the Supreme Court concerned
the constitutionality of the two contracts and was not related to a violation of human
rights.
It argues that the Applicant therefore
did not exhaust
local remedies
with
respect to the alleged human rights violations.
56. The Respondent State submits further that remedies for the enforcement of human
rights are expressly provided for under Article 33 of its Constitution". It avers that the
procedure for the enforcement of human rights is fairly simple, can be completed in a
timely manner and meets the international standards of availability, effectiveness and
sufficiency.
1 Article 33 of the Constitution of Republic of Ghana states that “where a person alleges that a provision
of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be
contravened
in relation to him,
then, without
prejudice
to any
other action
person may apply to the High Court for redress. 2. The High Court may,
that is lawfully available,
that
under clause (1) of this article,
issue such directions or orders or writs including writs or orders in the nature of habeas
corpus,
certiorari,
mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or
securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the
protection of which the person, concerned is entitled. 3. A person aggrieved by a determination of the High
Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court...”